Section 621.055

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 621

Effective - 28 Aug 2001   

  621.055.  Medical assistance program, suppliers of services — hearing authorized, procedures — compensation for commissioner's extra duties — notice of right to appeal, content. — 1.  Any person authorized pursuant to section 208.153 to provide services for which benefit payments are authorized pursuant to section 208.152 may seek review by the administrative hearing commission of any of the actions of the department of social services specified in subsection 2, 3, 4 or 5 of section 208.156.  The review may be instituted by the filing of a petition with the administrative hearing commission.  The procedures applicable to the processing of such review shall be those established by chapter 536.  The administrative hearing commission shall maintain a transcript of all testimony and proceedings in any review governed by this section, and copies thereof shall be made available to any interested person upon the payment of a fee which shall not exceed the reasonable cost of preparation and supply.  Decisions of the administrative hearing commission under this section shall be binding subject to appeal by either party.  If the provider of services prevails in any dispute pursuant to this section, interest shall be allowed at the rate of eight percent per annum upon any amount found to have been wrongfully denied or withheld.  In any proceeding before the administrative hearing commission pursuant to this section the burden of proof shall be on the provider of services seeking review.

  2.  As compensation for the additional duties imposed upon the administrative hearing commission pursuant to the provisions of this section and section 208.156, each commissioner shall annually receive the sum of five thousand dollars plus any salary adjustment provided pursuant to section 105.005.  Such additional compensation shall be paid in the same manner and at the same time as other compensation for the commissioners.

  3.  Any decision of the department of social services that is subject to appeal to the administrative hearing commission pursuant to subsection 1 of this section shall contain a notice of the right to appeal in substantially the following language:

If you were adversely affected by this decision, you may appeal this decision to the administrative hearing commission.  To appeal, you must file a petition with the administrative hearing commission within thirty days from the date of mailing or delivery of this decision, whichever is earlier; except that claims of less than five hundred dollars may be accumulated until such claims total that sum and, at which time, you have ninety days to file the petition.  If any such petition is sent by registered mail or certified mail, the petition will be deemed filed on the date it is mailed.  If any such petition is sent by any method other than registered mail or certified mail, it will be deemed filed on the date it is received by the commission.

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(L. 1979 H.B. 88, A.L. 1984 S.B. 528, A.L. 2001 H.B. 693)

Revisor's Note: Salary adjustment index is printed, as required by § 105.005, in Appendix E.